The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-07-21
road Of another railroad company by

road OF another railroad COMPANY w
agreement.
By agree ment between compNnies'
through tickets, very properly, Me
sold and used over conn ectiBR forms
as convenience OF passenger tIanc
and an inducement Tor patronage |
Such tickets, very evidently, ave-
great cor yenience to travelSrs,and per
maps to connecting roads, but tneg aye
a part OF the voluntary arrangements
for business purp SEES like joint tanfs,
interchange OF cars ard common, us
of depo's. l. being. there
fore, under our statute, mat
ter of mutual agreement whether
c?upon or through tickets shall be SOLO
by q railroad company over rcsus u
some other com panies, it follows tnat
the form Of such tickets and tho msn.
ner Of their sale are also matters OF
agree nsnt by the companies interest
ed. II companies can agree upon
their tariffs, the form Of their tickets
and how they should be sold they
have the right to do 30, and by such
az cement become Interstate carriers,
but II they cannot agree the act docs
not undertake to coerce them 10 DO
their business together upon terms
that may be justly objectionable or
injurious. Through tickets are not In
dispensible for these purposes, but @.
Stunning for the sake OF argument that
they may be deemed facilities" Tor
the receiving, forwarding and deliver
| Ing OF passengers to connecting lines,
carriers are only required to shord
reasonable, proper and equal facilities.
| They ara not required to afford special,
unreasonable, improper or unequal
facilities.
This presents the question whether
the payment Of Commissions Ia Ia
itself, or, as incidental to the enjoy.
ment OF a facility, reasonable and
proper within the view OF the
statute. The facility OF through tick
cts Is equally offered to oil, and may
he enjoyed without commissions. II
the company ceiling the tickets should
charge q commission Il would doubt.
less be regarded as an imposition, aud,
therefore, unreasonable and improper.
These commissions are gratuities to
induce special efforts for the company
paving them. II the statute does not
give one company authority to subsi.:
disc the agents OF any company, and
| II the practice Is injurious in its ef'
fsc,s, It certainly cannot be reasonable
and proper.
TIE State does not divest a railroad
company u the exclusive right TO
control lie own internal affairs, TO em
p'oy It's own agcn,e, to regulate their
duties, and to pay them such compen
sation "a II may deem proper. The
right of ownership OF railroad proper
; ~, with the power Of control ovar M
ployes and ma nagement OF property Il
as absolute under the act 40 before III
. passage. The regulation Of commercs
between the States, which is all tina
the act contem plates, does not inyelv'
community Of property, or Joint con
troll OF subordinates among the severa
! companies that honor through tickle a,
The corporate powers Of every com
pany for all administrative and gov
erning purposes within Its prescribed
= sphere, remain uuimpaired. With The
|. legitimate exercise Of these power
another company has no concern, snt
I, no right TO intermeddle.
4 For the proper government oil thsi
a own subordinatee the defendant com
a panies have hidden their agents 10 n
!. ceiye commissions from other CON
q psniee, and dire cted them rot to se
a over roads OF companies that refoss I
recognise this corpo ate authts u.
A hut Insist on fubsidir'Bg their sRonu
/ Ia this direction the defendants hal
). not transcended their reasooabI
1 righls. 0ae person or corporation hi
a no isht to interfere with the gu
A ployes Of another, aud the staiuts dos
.. not disturb this cid and SOUND. prii
ciple. d.
"A ,ieht 10 eonirll the official conduct
n tieir own agents Bul they 10 fsrth'
A and show by evidence the practio
~ effects OF commissions, aud that the
\. natural and usual tendencies are 10
Ct variety Of abuses.
The cpinion then quotes this test
70 mony OF ar officer II the Pennsy van
I'd road aud Others TO the effect that COZ
We missions were used TO corrupt agen
he TO sill through tickets over the COT
20 mission paying lines In preference
OF others; that these commission
IL Amounting In the average 10 10 p
en- cent. Of the value Of the tickets, We
,rs f-equsn ,ly divided with the purcnas'
le, thereby making q Determination
On r.tee la favor OF the company whit
Iat paid the commissions, and that Agsc
lie eometimes received more money fro
he other com panies In this way than Tn
mt received from the companies whit
nd employed them, and 80 passed, In
srs measure, out OF their employers co
ed troll. The opinion continues: A pr
he tics capable Of producing and eavi
pg q tendency to produce resu
te. thus described, cannot
lie reasonable or proper,
ue q railroad company is fully justified
sn. the use OF ali lawful precautions
to protect lisslf and lite agents agair
such invasions OF lie corporate an hi
Tee ity and lie business morality. Acco
Mt, ing to tho testimony the teiendai
de- are supported In their poeition on y
raj question by q very large msjosity
connecting roads, showing decio
nty prepondersnce OF opinion against
nd practice. The scope Of the coinpla
TIA ants position 10 clearly presented
ned the distinct assertion Of q RICH Of
liza. corporation to employ and pay, lor
act own interest, an official servant oil
,m. other corporation 10 which this sefv
IL primarily and exclusively due
In theory Of this character oughl hol
! b be, and IL not recognized In fudn
| OF affairs or In official life. A diyi'
service between many masiors can
lor- be eatitfactory to any,
sell as rule, 10 injurious
the the person no employed.
. follows from these views that the
iendent companies In prohibiting q
a Il